Recently we have received queries from confused clients whose Stamp 3 permission has been changed to the ‘low level immigration permission’ that is Stamp 0. There are notably much similarity between these permission types, hence there is much confusion as regards to which stamp may be applicable to various circumstances.
In order to provide clarification, it is firstly necessary to understand what exactly each permission entails:
STAMP 0
Stamp 0 residence permission was implemented by INIS in December 2011. The procedure implement the stamp was vague, and unfortunately not much clarification has since followed.
What do we know?
According to the INIS website guidelines, Stamp 0 is ‘a low level immigration permission that allows a person to remain lawfully in Ireland for a specific temporary and limited purpose. It is not intended to be a pathway to any more permanent form if immigration’.
This appears to imply that stamp 0 does not provide reckonable residency required for naturalisation. However, on the contrary, it has been confirmed to us by the Department previously that the stamp does indeed count for reckonable residency. We are currently seeking clarification from the Department on this point.
There is no specific application process but rather the applicant will seek permission in the normal way.
It is noted a service provider, or academic, or an individual in exception humanitarian circumstances are examples of those who may avail of this permission.
Holder of the permission may not work or engage in a trade, business or profession, unless specified in INIS letter.
It is further noted that the stamp is provided on the basis that the holder receives no State beneifts, and that they are self sufficient through personal resources of financial support from an employer or family while present in the State.
As with all Immigration permissions, breaching a condition of the permission may result in a permission being revoked or not being renewed.
STAMP 3
A holder of stamp 3 per mission is entitled to remain in Ireland on the basis that they do not enter employment, nor engage in any business or profession and do not remain later than the specified date.
Main categories of those who are granted this permission include: non EEA visitors, non EEA retired person of independent means, non EEA Minister of Religion and member of religious order, non EEA spouse/dependent of employment permit holder.
Stamp 3 permission is reckonable, and thus after 5 years a holder is eligible to apply for naturalisation. 5 years of stamp 3 permission also entitled one to apply Stamp 3 Long Term Residency, which is valid for a further 5 years.
It is submitted that the vital differences in these permissions is that Stamp 0 does not provide for a more permanent form of residency and it not reckonable.
Confusion?
In consideration of the above information, in what regard has there been confusion in relation to these permissions?
Firstly, as regards clients who have been granted Stamp 0, the renewal process in certain cases, where there has been no change regarding the conditions at the time of granting of the permission, has been met with some difficulty, with the Department providing new application numbers, inferring it is indeed a new application, rather than a more straightforward renewal process.
Secondly, we have seen stamp 0 issued to many non EEA retired nationals of independent financial means, and non EEA dependents on employment permit holders in that state. This seems contrary to the INIS guidelines which explicitly state such persons are eligible for stamp 3 permission. Additionally, people who have been granted stamp 3 person on such basis have prior to the impending renewal of the permission been notified that their status will change to being that of stamp 0. We find it confusing that the decision has been taken to make such amendments, when there has not been any significant change in the circumstances of such persons. There is much confusion as to whether this new permission is applicable regarding reckonable residency. As noted above, we are seeking clarification on this point, and will post on this matter once we have received an adequate explanation.
We urge that greater clarification for this change in permission be provided. The guideline note appears to provide information contrary to that which has been stated by the Department. We further stress the need for a more straightforward stamp 0 renewals process, as the current manner with which it is being dealt with cannot be deemed as an efficient nor effective system.
Wednesday, December 18, 2013
Thursday, December 12, 2013
DUBLIN III RECAST REGULATIONS
The festive season is upon us, with Christmas fast approaching and the New Year just around the corner. In respect of immigration law, January 2014 also heralds the introduction of the Dublin III recast regulation in Ireland.
The Regulation comes into force on 14th January 2014 and shall apply to applications for international protection lodged after that date. The Dublin III regulation is the only ‘recast’ that Ireland has opted in to.
The purpose of the Dublin Regulation is to lay down the criteria and mechanisms for determining member state’s responsibility for examining an application for international protection, lodged in one of the member states by a third country national or a stateless person.
The main objectives of the amended Regulation is to enhance the efficiency of the functioning of the current Dublin Regulation, as well as to ensure higher standards of protection for the applicants who fall under the responsibility determination procedure.
In reports produced this year by the Jesuit Refugee Service (JRS) and the European Council on Refugees and Exiles, (ECRE) it was highlighted that there are vast differences in the manner the Dublin Regulation is operated by member states. There are no common standards of information provision or reception conditions, and furthermore no common means to assess applicants’ vulnerabilities and special needs.
As a result of these contrasting practices, drastic consequences have ensued, including families torn apart due to government’s focusing on returning the asylum seeker to the country of first entry. Asylum seekers have spent months in detention and upon release, many have no guarantee they will have access to adequate housing and welfare support.
It is submitted that the new framework includes important amendments in this regard, including the right to information, individual interview, guarantees for minors, a framework setting out the conditions for when a person may be detained, right to effective remedy, a mechanism for early warning, preparedness and crisis management.
These new provisions may better enable people to judicially challenge transfers which may not be in accordance with their fundamental rights.
However, as noted by the JRS and ECRE, the core of this matter and the potential impact that the new Regulations will render depends on how they are implemented on a national level. For a European Common Asylum system to be effective, governments must correctly interpret and implement these regulations. Asylum seekers must have access to fair asylum procedures and decent reception conditions wherever they are in Europe.
Naomi Pollock
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